Police Pension Scheme (PO-7096)

1. The Police and Crime Commissioner of South Wales (the Commissioner)
2. Capita

Topic:

Failure to provide information/act on instructions

Ref:

PO-7096

Date:

Tue 22 Dec 2015

Outcome:

Upheld

Complaint summary

Mr Cherry’s complaint against the Commissioner and Capita relates to their failure to inform him of the tax penalties on his retirement benefits when taking subsequent re-employment.

Summary of the Ombudsman’s Determination and reasons

The complaint should be upheld against the Commissioner because it had a duty of care, as Mr Cherry’s employer, to have informed him of the tax implications of re -employment on his retirement benefits. Its failure to do so has led to Mr Cherry incurring tax charges on his retirement benefits.